SZONG v Minister for Immigration and Border Protection [2019] FCA 1876

SZONG v Minister for Immigration and Border Protection [2019] FCA 1876

Leave to appeal was refused because the proposed grounds of appeal had no reasonable prospects of success. The primary judge dismissed the judicial review application because the applicant did not identify any jurisdictional error in the Tribunal's decision and because the primary judge could discern none, not because of the applicant's English language skills. Grounds concerning the Migration Act, protection obligations, apprehended bias, and factual challenges to the Tribunal were either not raised below, were barren assertions, or amounted to disagreement with the Tribunal's merits findings. There was no arguable case that the primary judge denied procedural fairness.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Migration Application for Leave to Appeal / Application for Leave to Appeal From a Federal Circuit Court Judgment Dismissing a Judicial Review Application Under R 44.12
Outcome
The application for leave to appeal was dismissed/refused, with costs payable by the applicant to the first respondent.
Legal Topics
['protection Visa' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness' 'apprehended Bias' 'summary Dismissal' 'leave to Appeal']
['migration' 'administrative Law' 'appellate Procedure'] ['protection Visa' 'complementary Protection' 'jurisdictional Error' 'procedural Fairness' 'apprehended Bias' 'summary Dismissal' 'leave to Appeal']

Case Brief

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Procedural Posture

Migration Application for Leave to Appeal / Application for Leave to Appeal From a Federal Circuit Court Judgment Dismissing a Judicial Review Application Under R 44.12

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the Federal Circuit Court judgment dismissing the judicial review application.' 'Whether the proposed grounds of appeal had reasonable prospects of success.' "Whether the primary judge dismissed the case because of the applicant's English language skills or denied the applicant procedural fairness." 'Whether allegations concerning the Tribunal, including apprehended bias and factual findings, could be raised for the first time on appeal.']

Ratio Decidendi

Leave to appeal was refused because the proposed grounds of appeal had no reasonable prospects of success. The primary judge dismissed the judicial review application because the applicant did not identify any jurisdictional error in the Tribunal's decision and because the primary judge could discern none, not because of the applicant's English language skills. Grounds concerning the Migration Act, protection obligations, apprehended bias, and factual challenges to the Tribunal were either not raised below, were barren assertions, or amounted to disagreement with the Tribunal's merits findings. There was no arguable case that the primary judge denied procedural fairness.

Court Disposition

The application for leave to appeal was dismissed/refused, with costs payable by the applicant to the first respondent.

Orders

  • ['The application for leave to appeal be dismissed.' "The applicant pay the first respondent's costs."]